The lawsuit states that New Mexico Education Secretary-designate Hanna Skandera violated state statutes in 2013 by implementing what many have called an aggressive teacher evaluation system. An estimated 50 percent of the evaluations rely on state standardized tests.

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The lawsuit says the evaluations clash with state statutes that allow evaluations to be done solely by local school districts, “which has long been thought essential both to the maintenance of community concern and support for public schools.”

Several other lawsuits have tried and failed to take down Skandera’s evaluation system.

“Not too long ago, the NEA agreed that New Mexico needed an evaluation system that put students first,” said Larry Behrens, a spokesman for Skandera’s office. “Now, perhaps because of an upcoming election, they feel the need to frivolously challenge a system that has already won in the courts.”

Two teachers Manessa Padilla and Deborah Romero are listed as plaintiffs in the lawsuit. Both were present at a press conference about the lawsuit on Monday.

Romero, a third grade teacher from Las Cruces who has been teaching for 18 years, called the evaluations unfair.

“Someone who does not know me, not know my students, and quite frankly someone who doesn’t know anything about teaching and learning caused a state mandated form to be filled out that labeled me a minimally effective teacher,” Romero said.

Padilla, a teacher from Los Lunas who gave up an accounting career when she heard New Mexico needed more teachers, fought back tears as she read a statement.

“The state of New Mexico, which wanted me to teach, has suddenly decided that I am a minimally effective teacher. My district and my principle disagree with that assessment,” Padilla said. “They know it’s wrong but under the new system, there’s nothing they or I can do to correct it.”

Padilla spoke of a student she had who lost a family member in a gang fight the night before a standardized test.

“The test only considers that one day of performance, without considering what’s happening in their lives that one day,” Padilla said. “The system wants to know the numbers, not the students.”

A separate lawsuit was filed by the National Education Association of New Mexico arguing that the state Public Education Department inadequately responded to public information requests regarding evaluations.